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Labor Standards -- Overtime law



Paying overtime -- Minnesota law

Clock handsThe Minnesota Fair Labor Standards Act requires employers to pay overtime for all hours worked in excess of 48 per work week, unless the employee is specifically exempt under Minnesota Statutes 177.23, subdivision 7.

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Paying overtime -- federal law

The Federal Fair Labor Standards Act requires some employers to pay overtime for all hours worked in excess of 40 per work week. These employers include:

  • employers that produce or handle goods for interstate commerce;

  • businesses with gross annual sales of more than $500,000;

  • businesses that were covered before April 1, 1990, under the $250,000 ($362,500 retail and services) dollar volume test; and

  • hospitals and nursing homes, private and public schools, federal, state and local government agencies.

Overtime pay must be at least one-and-one-half times the employee's regular rate of pay, which is determined by dividing the total pay in any work week by the total hours worked in the week. Overtime is based on actual hours worked in a seven-day work week. Holiday hours, vacation time or sick leave are not counted in figuring overtime hours. Therefore, if you work nine hours on Monday but only six hours on Wednesday, and the total hours for the week do not exceed 40 (federal) or 48 (Minnesota), you are not entitled to overtime pay.

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